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HomeMy WebLinkAboutItem 4.14 HQE AgmtCI'TY CLERK FILE # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 6, 2000 SUBJECT: Amendment to Agreement with HQE, Incorporated (HQE) (Modification to Scope of Work and Additional Compensation) Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: RECOMMENDATION: 1) Resolution 2) Original Agreement dated June 16, 1998, Agreement dated February 2, 1999, and Amendment 1 dated September 27, 1999 3) Amendment No. 2 Budget Summary 4) Scope of Work/Fee proposal from HQE 5) Alameda County Surplus Property Authority Approval of funds ~'~Adopt Resolution Approving Amendment to Contract FINANCIAL STATEMENT: This amendment adds $47,488 to the not-to-exceed contract amount of $243,250 to a total of $290,738 on the existing agreement with HQE, Incorporated. The cost of the work to be performed by HQE for the 1-580/Hacienda Drive Interchange Improvements has already been approved by Alameda County (Attachment 5), and there is no cost to the City. DESCRIPTION: On October 19, 1999, the City Council approved Amendment No. 1 with HQE for the preparation of Improvement Plans for the 1-580/Hacienda Drive area and the interim 1-580/Tassajara Road Improvement Projects. HQE has prepared an estimate for the additional Scope of Work for the 1-580/Hacienda Drive Interchange Improvements that reflects interim drainage and grading revisions and the engineering services during construction, in the amount of $47,488. The current contract is for a not-to-exceed amount of $243,250 and will need to be increased by $47,488 to $290,738 (Attachment 3). Staff recommends that the City Council adopt the resolution approving the amendment to the agreement. COPIES TO: Heidi Ouren, HQE Patrick Cashman, ACSPA g:\engrXhqe\agstamnd3 June6-2000.doc RESOLUTION NO. - O0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WITH HIGH QUALITY ENGINEERING, INC. FOR ENGINEERING SERVICES WHEREAS, the City Council of the City of Dublin approved an agreement for engineering services with High Quality Engineering, Inc. (HQE), for the 1-580/Hacienda Drive Interchange on June 16, 1998; and WHEREAS, the City Council of the City of Dublin on February 16, 1999, approved an agreement amending the agreement for engineering services with High Quality Engineering, Inc., to include the preparation of permit engineering evaluation reports (PEER) and the plans, specifications and estimates reports (PS&E) for the I-580/Hacienda Drive Interchange and for the interim I-580/Tassaj ara interchange improvements; and WHEREAS, the City Council of the City of Dublin on October 19, 1999, approved Amendment No. 1 to the agreement for additional engineering work for both the 1-580/Hacienda Drive interchange and the interim 1-580/Tassajara Road interchange improvements; and WHEREAS, the Scope of Work is proposed to be expanded to reflect interim drainage and grading revisions and engineering services during construction, and the not-to-exceed amount for the work is proposed to be increased by $47,488 from the October 19, 2000, amendment of $243,250 to $290,738; and WHEREAS, the Alameda County Surplus Property Authority will pay the cost of these services and receive Eastern Dublin Traffic Impact Fee Credit in a like amount; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment No. 2 to the agreement with High Quality Engineering, Inc., which is attached hereto as "Exhibit A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 6th day of June, 2000. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk ~:\engr\hqe\resoamnd3 ATTACHMENT 1 EXHIBIT "A" OF RESOLUTION -00 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND HQE, INCORPORATED FOR ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and HQE, Inc. (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 16, 1998, to provide engineering services to CITY; and WHEREAS, the Scope of Work to be performed is proposed to be extended; and WHEREAS, the not-to-exceed contract amount is proposed to be increased to cover the cost of the additional work; NOW, THEREFORE, the parties hereto agree as follows: Scope of Work The Scope of Work shall be extended to include preparation of interim drainage and grading plans for the project and engineering services during construction. Extension of Term The total cost for time-and-materials work under this amendment shall not exceed an additional $47,488. CITY OF DUBLIN ATTEST: M.ayor City Clerk HQE, INCORPORATED / ~' Heidi M. Ouren Date: tgG-~ JO~ STANDARD CONSULTING ENGINEER1NGSERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of June 16, 1998, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and High Quality Engineering ("Consultant"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. SUBCONTRACTING. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant's proposal. 7. CHANGES. City may from time to time require changes in the scope of the services by Consultant to be performed under this Agreement. Such changes, including any change in the amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendments to this Agreement only when in writing. 8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project for the duration of the project. There shall be no change in the Project Manager or members of the Agreement Page 1 of 2 06/10/98 ATTACHMENT 2 project team without prior written approval by the City. The Project Manager for Consultant shall be George I-Iomolka. 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or his or designee. 10. NOTICES. Any written notice to Consultant'shall be sero to: Heidi M. Ouren High Quality Engineering 2116 N. Main Street, Suite K Walnut Creek, CA 94596 Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: Attest: CITY OF DUBLIN, a munic~c;~L~) "ci " "Consultant .... Approved as to form: City Attorney Agreement Page 2 of 2 06/10/98 EXItIBIT A SCOPE OF SERVICES AND SCHEDULE Scope of Services: 1) Preparation of Project Study Reports/Project Reports and Exhibits for freeway improvements of the 1-580/Hacienda interchange. This work includes coordinating with Caltrans Right-of-Way and other agencies. 2) Provide engineering and environmental services to complete a Permit Engineer's Evaluation Repor~rEncroachment Permit application for the Tassajara-I-580 freeway interchange. Work includes securing a permit from Caltrans to construct improvements within State Right-of-Way. Work is to be performed on an as-needed basis. Exhibit A Page 1 of 1 06/10/98 EXHIBIT B PAYMENT SCHEDULE City shall pay Consultant at a rate of $110 per hour, not to exceed the total sum of Ninety Thousand Dollars ($90,000) per year for services to be performed pursuant to this Agreement. Consultant shall submit invoices on a monthly basis. City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty- five percent (25%) of the initial contract price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all finished and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit B Page 1 of 1 06/10/98 EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole dis. cretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page 1 of 1 06/10/98 EXHIBIT D GENERAL PROVISIONS o INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's engineering services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. LICENSES; PERMITS; ETC. Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. TIME. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Consultant's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: Exhibit D Page 1 of 4 06/10/98 Co Do Exhibit D Page 2 of 4 06/10/98 (1) General Liability: $500,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply Separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $300,000 combined single limit per accident for bodily injury and property damage. (3) Workers Compensation and Employers Liability: Consultant has no employees and shall execute a Workers Compensation Waiver indicating such. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverages. (a) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. (b) The Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (d) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (2) Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. (3) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Eo Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. Fo Verification of Coverage. Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. o ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant'to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. PERSONNEL. Consultant shall hssign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. o STANDARD OF PERFORMANCE. 'Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent Exhibit D Page 3 of 4 06/10/98 10. 11. practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subconsultant, to the City, to City officers and employees, or to parties designated by the City, on account of the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of his subconsultant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the negligent performance .of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement Consultant acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the California Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. Exhibit D Page 4 of 4 06/10/98 ST.a2¢D~ CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of February 2, 1999, by and between the CITY OF DUBLIN, a m~aicil~al corporation ("City"), and High Quality Eng'ineering ("Consultant"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exb.ibit A.. Consultant shall provide said services at the 15_me, place, and in the manner specified in Exhibit A. · 2. PAYMENT. City shall pay Consultant for services rendered pursuant to th/s Agn-eement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Consult~nt'for services rendered pursuant to this Agreement. Co~ultant shall submit ali billings for said services to City in the manner specified in Exhibit B; or, if no m~nner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. .3. frs sole cost and expense, furnish all facilities and equipment which may be required for furnishing se~wices pursuant to this Agreement. City shall furnish to Consultant only the facilitie§' and equipment listed in Exhibit C according to the terms and conditions set forth in E 'xh/bit C. '" FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consuitant shall, at 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of thSs A~eement In the event of any inconsistency betwveen said general provisions and any other terms or conditions of this A_m-eement, the other term or condition shall control insofar as it is inconsistent with the general provisions. ,~ 5. EXStlBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. SUBCONTRACTING. The Consultant shall perform the work contemplated w/th resources available within its own organiT~tion and no portion of the work pertinent lo this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant's proposal. .- 7. CHANGES. City may from time to time require changes in the scope of the services by Consultant to be performed under this A_m-eement. Such changes, including any change in the amount of Consultant's compensation which are mutually a~eed upon by City and Consultant, shall be effective as amendments to this Agreement only when in writing. 8. RESPONSIBLE CHARGE. Consultant shall assig-a a project manager(s) to the project for the duration of the project. There shall be no change in the Project Manager or members of the Agreement Page 1 of 2 01/27/99 project team without prior written approval by the City. The Project Manager for Consultant shall be George Homolka. 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All 6orrespondence shall be directed to or through the Administrator or his or designee. 10. NOTICES. Any written notice to Consultant shall be sent to: Heidi M. Ouren High Quality Engineering 2116 N. Main Street, Suite K Walnut Creek, CA 94596 Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a municipal co~oration By /~.~~~ - ' (j "city" - [._ Ii-~ity"X21erk By "Consultant" Approved as 'to form: City Attorney EXI~BIT A SCOPE OF SERVICES AND SCHEDULE Scope of Services: 1) Final Preparation of a Permit Engineering Evaluation Report (PEER) for the Hacienda Drive/I-580 and Encroachment Permit application for freeway improvements of the I- 580/Hacienda interchange. This work includes the preparation of Plans, Specifications, and Estimate (PS&E) for the Hacienda Drive/I-580 improvement project, securing a permit from Caltrans to construct improvements within the State Right-of-Way and coordinating with other agencies. 2) Provide engineering and environmental services to complete a Permit Engineering Evaluation Report (PEER)/Encroachment Permit application for the freeway improvements of the Tassajara-I-580 freeway interchange. Work includes the preparation of Plans, Specifications, and Estimate (PS&E) for the Tassajara 1-580 interchange, securing a permit from Caltrans to construct improvements within the State Right-of-Way and coordinating with other agencies. Work is to be performed on an as-needed basis. Exhibit A Page 1 of 1 EXHIBIT B ' PAYMENT SCHEDULE /5 City shall pay Consultant-at a rate of $110 per hour, not to exceed the total sum of One Hundred Twenty Seven Thousand Two Hundred Ninety Dollars ($.127,290) for services to be performed pursuant to this Agreement. Consultant shall submit invoices on a monthly basis. City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is a~eed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered' and in no event shall such change order exceed twenty- five percent (25%) of the initial contract price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all finished and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit B Page 1 of 1 02/08/99 EXHIBIT C City shall furnish physical facilities such as des'ks, filing cabinets, and conference space, as may be reasonably necessary for Contractorts use while consulting with City employees and re. viewing records and the information in possession of City. The location, quantity, and time of furn/shing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page 1 of 1 01/27/99 EX'BIT D GENERAL PROVISIONS . INDEPENDENT CONTRACTOR. -At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's engineering services rendered pursuant to this A~eement; however, City shall not have the fight to control the means by ~',hich Consultant accomplishes services rendered pursuant to this A~eement. LICENSES: PERMITS: ETC. Consultant represents and warrants to City that he has ali licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, perm/ts, and approvals which are legally required for Consultant to practice his profession. TIME. Consultant shall devote such time to the performance of services pursuant to this A~eement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. INSUP,_ANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be inctuded in the Consultant's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) coverin~ comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG OOOl). (2) Insurance Services Office form number CA-0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: Exhibit D Page 1 of 4 01/27/99 -I Co Do Exhibit D Page 2 of 4 0:~27~99 General Liability: $500,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $300,000 combined single limit per accident for bodily injury and property damage. (3) Workers Compensation and Employers Liability: Consultant has no employees and shall execute a Workers Compensation Waiver indicating such. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall · reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, off~cials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverages. (a) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations oft he Consultant, premi ses owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. The Consultant's insurance coverage shall be pr/mary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (d) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (2) Worker's Compensation and Employers L/ability Coverage. The insurer shall agree to waive all rights of subrogation against the CID', its officers, officials, employees and volunteers for losses ar/sing from work performed by the Consultant for the City. (3.) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Accer)tabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. Verification of Covera_.oe. Consultant shall furnish City '~fth certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be sig-ned by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Go The Risk Manager of City may approve a variation of those insurance requirements upon a deter/tdnafion that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. o CONSULTANT NO AGENT. Except as City may specify in wa-iting, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to th.is A~eement to bind City to any obligation whatsoever. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this A~eement. Any attempted or purported assi=~nment of any right or obligation pursuant to this A~eement shall be void and of no effect. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to this A~eement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to this A~eement in the manner and according to the standards observed by a competent Exhibit D Pa~e 3 of 4 ~1 7')'7100 t 10. 11. practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any'subconsultant, to the City, to City officers and employees, or to parties designated by the City, on accohnt of the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of his subconsultant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense,~ claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or icdirectly arising from the negligent performance of the work. ' This par~raph shall not be cons~ued to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement Consultant ac'knowledges and agrees that he has read and under:stands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. GOVERNMENTAL REGULATIONS. To the ex'tent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with ali applicable rules and regulations to Which City is bound by the terms of such fiscal assistance pro,am. DOCUMENTS. Al1 reports, data, maps, models, charts, designs, plans, studies, surveys, photo~aphs, memorahda or other writ-ten documents or materials prepared by Consultant pursuant to this A~eement shall become the property of City upon completion of the work To be performed hereunder or upon termination of th& A~eement. No such materials or properties produced in whole or in part under this A~eement shall be'subject to private use, copyrights, or patent fights by Consultant in the United States or in any other country without the express v~a-itten consent of City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the California Public Records Act), distribute, and othepaSse use, copyright or patent, in whole or in part, any such repons, studies, data, statistics, forms or other materials or properties produced under this Agreement. Exhibit D Page 4 of 4 01/27/99 EXHIBIT "A" OF RESOLUTION /(DY -99 BETWEEN CITY OF DUBLIN AND HIGH QUALITY ENGINEERING ~Oa Z~S~Sm~g SZaV~CZS WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and High Quality EngineeringOaereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 16, 1998, to provide engineering services to CITY; and WHEREAS, the CITY and CONSULTANT, entered into a amendment to agreement on February 16, 1999, to amend the Scope of Work and increase the not-to-exceed amount of agreement; and WHEREAS, Change Order No. 1 is proposed to be approved which extends the Scope of Work; and ~r[-IEREAS, the not-to-exceed contract mount is proposed to be increased to cover the cost of the additional work included with Change .Order No. 1; NOW, THEREFORE, the parties hereto agree as £ollows: Scor>e of Work The Scope of Work shall be extended to include Change Order No. 1 which includes potholing and median landscaping for Hacienda Drive and ditch cross-sections/surveys, signal modification, drainage ditch improvements, addition of right of way data and extension of sidewal~planting strip for Tassajara Road. Extension of Term The total cost for additional work under this amendment shall not exceed an additional $25, 960. CITY OF DUBLIN (~lerk HIGH QUALITY ENGINEERING Heidi M. Ouren Date: ~7/~ CITY OF DUBLIN 1-580Hacienda Drive Interchange and Tassajara Road/Koll Development Left-Tm Pocket Improvements Amendment No. 2 Budget Summary Original Contract Agreement dated Revised for PSR dated 2/2/99 For Amendment 1 Amendment 2 Contract Project Name 6/16/98 PEER / PS&E dated 9/27/99 dated 5/26/00 Totals 1-580/Hacienda Drive $ 49,500 + $127~290 + $ 7,300 + $ 47,488 $ 231,578 1-580/Tassajara Road $ 40,500 + $18,660 $ 59,160 Totals $ 90,000 + $127,290 + $ 25,960 ? $ 47,488 $ 290,738 ATTACHMENT 3 HQE, Incorporated · Civil Engineering · Transportation Planning · Highway & Rail Design 360 22® Street, Suite 700 Oakland, CA 94612 Tel: 510-763-4895 Fax: 510-763-5896 e-mail: hc~e2~pacbell.net May 17, 2000 Mr. Ferd Del Rosario City of Dublin 100 Civic Plaza P.O. Box 2340 Dublin, CA 94568 Subject: 1-580/Hacienda Drive Interchange Improvements Project Addendum to Scope of Work/Fee Proposal Dear Ferd: Per your request of May 9, 2000, enclosed is the combined Scope of Work and Fee Proposal for the above referenced project. This reflects the additional scope of work for both the interim grading and drainage revisions (reference our letter dated January 19, 2000) and the engineering services during construction (reference our letter dated February 11, 2000.) The total addendum comes to $47,488. Let me know if this will suffice for the council meeting on June 6, 2000. If you need anything else, please call me as soon as possible. Thank you for your efforts in helping process this addendum. Sincerely, Heidi M. Ouren, P.E. Project Manager C: Diane D'Alesio, HQE ATTACHMENT 4 Incorporated EXHIBIT "A" Hacienda Dr/l-580 Interchange Improvements Engineering Services Durine Construction City of Dublin Hacienda Drive/I-580 Interchange Improvements Engineering Services During Construction Scope of Work 1. Interim Grading & Drainage Services HQE, Inc. (Consultant) will provide the following services related to providing the City with interim grading and drainage plans for construction with the project north of this one. Create plans, profiles, and details necessary to prepare a Construction Change Order for the proposed storm drain system located on the west side of Hacienda to be constructed. The CCO will be approved by and processed through BKF. Coordinate with BKF as necessary to prepare CCO. Revise current bid set (plans, specifications, and estimate) to reflect the above CCO. The storm drain system previously to be constructed in this Bid Package will be shown existing. 2. Bidding Phase Services Consultant will provide the following services to support the City of Dublin (City) during the bidding phase of the project: A. Compile data for Resident Engineer's file, including working cross sections, pertinent utility information/correspondence, survey data, and other information as required. B. Provide information to the City in response to any questions regarding the bid documents, including attendance at a bid-opening meeting if required. 3. Construction Phase Services Consultant will provide the following services to support the City during the construction phase of the project: C:~Projects~Hacienda\constrsvsrevl.doc Page 1 of 3 05/17/00 H~ lnnorporated EXHIBIT "A" Hacienda DRY~580 Interchange Improvements Engineering Services During Construction A. Project Administration and Meetings Provide project administration during the construction phase of the project and, when requested by the City, attend project-related meetings. At a minimum, Consultant will attend one pre-construction meeting upon award of the contract. B. Respond to Requests for Information (RFI) Consultant will respond to requests for clarification of contract documents. The City or its designated Resident Engineer (RE) on the project must make all requests for information. C. Review Contractor Submittals Contractor submittals required by the specifications or standard special provisions (SSP's) will be reviewed for conformance with the plans and specifications. Consultant will make recommendations to the City or it's designated RE for acceptance, denial or re- submittal. D. Construction Change Orders (CCO's) Review proposed changes, evaluate cost impacts and prepare changes to the plans and/or specifications as required. The City or its designated Resident Engineer (RE) on the project must make all CCO requests. E. Geotechnical Engineering During construction of the retaining wall at the westbound on-ramp, a geotechnical engineering senior technician/staff engineer will be provided on an on-call basis. The technician would be on site to perform density testing and to observe excavation, key placement, backfill and concrete pouting to verify activities are in general conformance with the plans and specifications. Following completion of the field activities, a brief report will be prepared documenting observation details. For fee estimating purposes, it is assumed that a senior technician will be on-site for eight hours per week during construction of the retaining wall. The wall construction is assumed to have a one-month duration. Site Visits Perform site visits to observe construction at periodic intervals and as requested by the City or it's designated RE. Consultant personnel will observe construction only with the City or RE in attendance. At a minimum, Consultant will attend a final site walk through C:~Projects~Hacienda\constrsvsrevl.doc Page 2 of 3 05/17/00 H~ I#c~orporated EXHIBIT "A" Hacienda Dr/I-580 Interchange Improvements Engineering Services During Construction with the City and Caltrans prior to acceptance of the project. Two site visits and a final walk through are assumed for fee estimate purposes. This task does not include documentation of any unusual or non-standard activities observed. The construction contractor is responsible for safety at the project site. The City will provide Consultant with a copy of the contractor's safety program prior to requesting a site visit so that Consultant personnel can fully comply with that program. G. Record Drawings Consultant shall prepare record drawings in accordance with Caltrans Encroachment Permit requirements to reflect changes during construction. The City or it's designated RE will provide all CCO's to Consultant for inclusion into the record drawings. Record Drawings will be completed using City supplied information only and shall not include HQE field verification of as-built conditions. C :\Proj ectskI-Iacienda\constrsvsrevl.doc Page 3 of 3 05/17/00 AI,AMEDA COUNTY BOARD OF SUPERVISORS ** MINUTE ORDER ** Approved as Recommended Other i-I Unanimous D Carson D Haggerty [~] Vote Key: A=Yes; N=No; AB=Abstain; 'X=Excused King ri' Steele Ch". ~ - 3 Documents accompanying this matter: ri Resolution(s) r-'] Ordinance(s) I-'l Contract(s) File No. 14585 Item No. 20 Copies sent to: Pat Cashman Special Notes: I certify :hat the foregoing is a correct copy o£a Minute Order adopted by the Board of Supervi.sors, Alameda County, S tats of Californ ia. ATTEST: LESLIE BURNS, Assistant Clerk Board of Supervisors Deputy v :~.ag~tla'd'orrrL~mino r~.doc ATTACHMENT 5 ALAMEDA COUNTY COMITY DEVELOPMENT AGENCY S U RPLU.~ PROPERTY AUTHORITY Adolph Martinelli A~.~¢y l~h'~cgor Patrick Cashrnan project Oire~tor We,il Winton Avenue Room 1 }0 Hayward California ~544-t)1S phone 51o, 670.5333 fax 510.670.6374 AGtZNDA~.~April 25, 1999 April 10, 2000 Surplus Property Authorii~ Commission Adm/nistrafion Building O~k!and, CA 94612 De, ar Commissioner, S: SUBJECT: Authorization of l/~mbursable TIF lmprovemeDts Payment to the City of Dubli~ P.~COI?flvII{~ATION: That your Board, sitting as thc Commission of the Surplus Property Authority of Alameda County, authorize the cxpcndi .ture of up to $1,529,961 in TIF Reimbursable Payments from Surplus' Property Authority development funds to pay for the City of Dublin's expenses relating to design and construction of various planned improvements to the Santa Rita Property, inclutl~.g thc Hacienda DrivedI-580 interchange adjacent to the Santa Rita property. SUMMARX/DI$CUSSION; Thc Surplus Property Authority has entered into Development Agreements' with thc City of Dublin in conjunction with each of the twelve developmants that arc underway in thc Emerald Park development. A major element of each of those Development Agreements are the proviaions for the financ'mg and construction of the needed roadways. Typically, the Authority takes the responsibility for the funding and construction of thc required roads and the City agrees that the Authority's costs can be reimb~ through Traffic Impact Fee(TIF) Credits, earned as a result of building the required roads. In a few cases, such as the improvements to the adjacent freeway interchanges at Tassajara Rd. and Hacienda Drive, it is necessmy fftat the design and construction work be done directly by the City. In those cases, the Development Agreements call for thc Authority to fund the City's costs and to receive a Traffic Impact Fee Credit. Thc funding authorization of $1,529,961 asked for at this ~_im¢ is to pay the City of Dublin its costs to improve thc freeway on ramp at 1-580 and Hacienda Drive and its costs to review thc plans and inspect thc construction of various other TIF road improvements being improved by the Authority. All of these funds paid to thc City will reimbursable to thc Authority through TIP Credits. Surplus Property Comm~ssiorl April 10, 2OO0 Page 2 FINANCIAL IMPACT: Pun/is for this expenditure are available in Fund 28, Department I~A, established to pay for surplus property development, There will be no impacts to the County General Fund. Very truly yours, Adolph Martin¢lh Community Development Director Courtly A~rninlstmtor U.B. Sinzh Frank Chan Pat Cashrnan